Personal Injury Attorney in Houston, TX

Houston Personal Injury Law Firm

If you've been injured because of another person's negligence, you have the right to ask for financial compensation for the losses you've endured. But pursuing a personal injury lawsuit is no simple task. Defendants and their insurance providers are backed by armies of attorneys prepared to defend their clients. Who's looking out for you?

At Dunk Law Firm, we fight for personal injury victims. Where possible, we settle cases out of court so our clients can return to their lives. If necessary, however, we assemble a litigation strategy and take the case to court. Either way, we defend our clients from beginning to end so they can concentrate on recovering.

What Is Personal Injury?

The essence of a personal injury case is negligence. When another person, business, or even a governmental agency acts irresponsibly, others can get injured. The injury is usually physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that means failure to exercise an appropriate level of care under the circumstances. Another way of putting it is failing to behave as a reasonably prudent individual would. Negligence can be displayed through a person's actions (like speeding or driving intoxicated) or through an omission (such as failing to remove a known hazard from one's business property).

To win a personal injury case, the victim has to prove that the defendant was negligent. There are four specific components that are required under Texas legislation:

• Duty of care. The offender must have owed a duty of care to the plaintiff. Occasionally a duty arises out of a personal relationship between the individuals, such as physician and patient. However this isn't always required. For instance, when you drive on a highway, you owe a duty to other drivers not to be reckless.
• Breach. Next, the plaintiff needs to show that the offender breached the duty of care. This is where the defendant's negligent acts and/or omissions are exposed. It also covers circumstances where the at-fault party breaks a law or participates in deliberate wrongdoing. Breach is generally the most contested part of a personal injury lawsuit.
• Causation. The offender's breach has to really result in injury to the plaintiff. If the offender acted negligently but didn't harm the plaintiff, this element fails.
• Damages. These are the losses for which the plaintiff will pursue financial compensation. A few of the most common damages are medical costs, lost wages, lost earning capacity, as well as pain and suffering. The nature and quantity of damages are fiercely disputed in the majority of personal injury cases.

Potential Damages In a Personal Injury Case

The goal of a personal injury lawsuit is to make the plaintiff whole via financial compensation. This compensation is referred to as damages, and some examples are:

• Medical expenses. This broad category can include everything from hospital bills and prescription medications to physical therapy and unique adaptive equipment to assist with a victim's day-to-day activities.
• Lost wages. While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, potentially significant amounts of money. You can ask a court to award you damages to cover this lost income.
• Lost earning capacity. Your occupational prospects might be cut short or drastically limited after a personal injury. An expert witness can help estimate the future earnings you will miss out on as a result.
• Pain and suffering. These damages account for the pain and psychological trauma you will likely experience for some time to come. Although difficult to quantify, they are vital to catastrophic injury cases.
• Loss of pleasure of day-to-day life. It might not be possible to enjoy your regular day-to-day activities, hobbies, and other passions after a bad injury. These damages help compensate you for the loss.
• Loss of consortium. This category refers to the deprivation of the benefits of a family relationship. It includes the loss of assistance, society, friendship, and sexual relationship between spouses brought on by the injury.
• Punitive (exemplary) damages. In rare cases, an at-fault party can be subject to punitive damages. These are intended to punish the wrongful party and discourage others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to take legal action against a negligent party will not last forever. In Texas, personal injury claims are subject to what's called a statute of limitations. This sets a deadline for plaintiffs to submit their claims before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock starts to run when the injury takes place.

However, it's best not to delay taking action on your case. Witnesses' memories can diminish over time, evidence will be harder to obtain, and you might forget vital information if you wait too long. If you or a loved one have been hurt, reach out to a dedicated Houston personal injury attorney.

How Can the Personal Injury Lawyers of Dunk Law Firm Assist Me?

Suing a defendant usually means suing an insurance company, like an automobile insurer. Regardless, you can count on the defendant's legal representatives pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You need an attorney that not only understands Texas personal injury legislation, but knows how to determine a reasonable value for your case.

At Dunk Law Firm, we've helped numerous personal injury clients get the compensation they require to recuperate. We won't accept unreasonable deals and will defend you from start to finish. Give us a call or fill out the contact form today to get started on your case.

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